Markwell v. Local 978, United Brotherhood of Carpenters

JOHN W. OLIVER, District Judge.

This case, originally tried before a jury, is before this Court for a second trial; this time without a jury and on the record made at the first trial. The opinion of the Court of Appeals remanding the cause is reported as Local # 978, United Broth, of Carpenters and Joiners of America, AFL-CIO v. Markwell, 8 Cir. 1962, 305 F.2d 38. Following remand, and pursuant to procedures agreed upon at pre-trial conference, we overruled defendants’ motion for summary judgment. See Markwell v. Local # 978, United Broth, of Carpenters, Etc., W.D.Mo.1963, 215 F.Supp. 792.

There…